Visa Processing Delays and Partial Relief To safeguard U.S. Consular workers in Mexico from potential exposure to the virus, interview waivers have been delayed all spring and into early summer. Interview waivers are typically granted to visa applicants who have no record of past immigration violations. Some workers who have had immigration issues in the past may have their “bar to admission” temporarily waived following a consular interview. This year those interviews aren’t happening or have been greatly reduced so many experienced, qualified H-2A workers are stranded in Mexico. H-2A workers from other countries including Guatemala and South Africa have also been marooned due to travel restrictions. With the potential for workers being taken out of commission due to actual or potential exposure to the coronavirus, or not being able to bring workers into the U.S. due to visa or travel restrictions, the Trump Administration has temporarily added some much-needed flexibility for H-2A employers. To help H-2A employers avoid employment-related disruptions, protect the nation’s food supply chain and lessen impacts from the coronavirus public health emergency, the Department of Homeland Security, with the support of the USDA, issued a rule to add temporary flexibility to H-2A requirements, without weakening protections for U.S. workers. For example, DOL is temporarily permitting H-2A workers and domestic workers performing under an H-2A contract to perform incidental duties that are not specifically listed in the job order if that becomes necessary
due to COVID-19. And DOL is permitting H-2A workers to work at sites not specifically mentioned in the work order. H-2A workers can also move between H-2A employers if there is an agreement between employers and the employees to move between contracts. The temporary rule also gives an H-2A employer with a valid temporary labor certification who has experienced a disruption in labor due to COVID the option to begin employing workers who are currently in the U.S. in H-2A status immediately after U.S. Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. USCIS has also temporarily amended its regulations by allowing H-2A workers to stay beyond the three-year maximum allowable period of stay in the U.S. Agricultural employers can use this streamlined process if they are concerned with their ability to bring in the temporary workers who were previously authorized to work for the employer in H-2A classification. No, the virus doesn’t care. But if we enact the necessary safety measures, we can show that we care about our workers and slow the spread of the virus in our workforce and communities. Western Growers has many resources to help keep employees safe. Western Growers H-2A Services is available to assist members access and navigate the H-2A program and overcome the labor challenges exacerbated by COVID-19. For information about Western Growers H-2A Services, contact WG Vice President and General Counsel, Jason Resnick (jresnick@wga.com) at 949-885-2253. We will get through this together.
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